Mark is often obtained as local counsel to guide litigants through Minnesota courts. Mark is also an experienced in mediation, arbitration, and other alternative dispute resolution techniques and is a qualified mediator and arbitrator.

Mark earned his undergraduate degree from University of North Carolina where he was a Morehead Scholar and an IBM National Merit Scholar. Mark earned his law degree, magna cum laude, from University of Minnesota Law School where he was a member of Order of the Coif.

Experience

Represented American Home Products and American Cyanamid and acted as defense liaison counsel for 26 pharmaceutical manufacturer defendants defending against separate class action antitrust complaints under state law by direct purchasers (pharmacies) and indirect purchasers (consumers) in In Re Minnesota Drug Pricing Litigation and Kerr/Fontaine v. Abbott Laboratories. Defeated class certification in one case and successfully settled both cases.

On behalf of a significant Twin Cities property management company and as lead counsel for all defendants, obtained pre-discovery dismissal of most claims brought by a class of tenants for alleged violation of a Minnesota statute relating to lease-related fees, then used innovative strategy to pursue immediate appeal and obtained dismissal of all remaining claims at the Minnesota Court of Appeals. Persigehl v. Ridgebrook Invs. Ltd. P’ship, 858 N.W.2d 824 (Minn. App. 2015).

For more than twenty years, acted as co-class counsel representing all National Football League players and the NFL Players Association in Sherman Act Section 1 antitrust conspiracy case White v. National Football League. Under a 1993 settlement favorable to the players, the class action court supervised successive collective bargaining agreements between the NFL and the players and acted as final adjudicator of player-team disputes involving discipline, entitlement to bonuses, etc. See, e.g., White v. Nat’l Football League, 585 F.3d 1129 (8th Cir. 2009) [Michael Vick bonus dispute].

On behalf of purchasers of assets of investment firm, obtained temporary restraining order and preliminary injunction that effectively prevented arbitration of dozens of separate investor claims. Federal district court found clients likely to prevail in defeating arguments that arbitration was compelled by National Association of Securities Dealers rules and that purchasers were subject to successor liability. Marshall, Miller & Schroeder, Inc. v. Behnke, No. 01-CV-2264-J-CGA (S.D. Cal. Dec. 26, 2001).

On a motion to dismiss, obtained dismissal of Minnesota Franchise Act claims against franchisor and its executives, establishing conclusively that the Act’s requirements can be waived through a choice of law term in the franchise agreement. Also obtained dismissal of breach of contract claims against franchisor and all claims of “control person” liability against individual corporate executive officers. Hockey Enterprises, Inc. v. Total Hockey Products & Services, LLC, 762 F. Supp.2d 1138 (D. Minn. 2011). Obtained voluntary dismissal of arbitration petition.